On Tue, 20 May 2008 19:50:57 -0400, B A R R Y
wrote in
:

On Tue, 20 May 2008 17:42:38 -0500, "Steven P. McNicoll"
wrote:

Have you seen anything which prohibits such discussions? Have you seen
anything which prohibits one pilot from surrendering the right-of-way
granted by FAR 91.113 to another pilot?



I've surrendered my ROW via a two way conversation. I hope I haven't
broken any regs. G

While I am fully aware that it is common practice for aircraft
participating in the CTAF self-announcement position broadcast system
at uncontrolled air fields to negotiate via two-way radio, despite it
being neither recommended in FAA published Advisory Circulars nor
being mentioned in federal regulations, my view is that if such
negotiation hadn't been conducted in this incident, the mishap may not
have occurred. Are you are able to appreciate the logic of that point
of view in this incident?

Implicit in that analysis is the question, by what authority is the
airman who negotiates right-of-way, contrary to what the Administrator
has codified in federal regulation 91.113(g), empowered to override
those regulations? Are you able to cite a regulation, other than
91.3(b), or another authoritative source that grants an airman that
authority to deviate from federal regulations?